The Dubious Legality of an Airstrike

President Biden's first unconstitutional military attack

Photo from MarketWatch

On Thursday, the 25th of February, President Biden ordered an airstrike on infrastructure possessed by Iran-backed militia groups in response to the militia groups' attack which killed one civilian Filipino contractor and injured several U.S. soldiers.

Now, I already possess a strong-rooted opinion on U.S. military involvement in the Middle East: it is wholly unjust and unnecessary for us to be there for this long period of time. Our presence in the Middle East existed since the Cold War era, but it then exasperated during the Persian Gulf War and 9/11. I can confidently agree and admit that the odious attacks in New York City, Pennsylvania, and Washington D.C. required a military response to hunt down the perpetrators - Osama bin Laden and his evil henchmen of al-Qaeda. We did indeed successfully killed him - the man who killed thousands of our own.

But, why are we still there when our work was done? To bring democracy and stability to the people of the Middle East through military force and presence? How successful are we exactly? Our work to bring democracy to the area only caused more instability and death. According to the Washington Post, coalition airstrikes against ISIS killed 1400 civilians. These airstrikes committed by us destroyed these civilians' homes, shops, towns, hospitals and such. Our military operations in the Middle East since 2001 have been funded by American taxpayers and the bill is astounding: $6.4 trillion, 801,000 deaths, and 21 million people displaced (CNBC). That bill is still growing.

But, I want to focus on Biden's actions on Thursday. President Biden's airstrike is no surprising incident. Past presidents who were actively involved in the Middle East issued airstrikes during their presidency without congressional approval.

The U.S. Constitution states in Article I, Section VIII, Congress reserves the power "to declare War", whilst the War Powers Resolution, in Consultation, Section III, says that "the President in every possible instance shall consult with Congress before introducing United States Armed Forces into hostilities and into situation where imminent involvement in hostilities is clearly indicated by the circumstances..." and that such hostilities be reviewed by "the collective judgement of both houses of Congress."

President Biden claimed he sent in a letter to Congressional leadership on the rationale of the airstrike. However, it is evident the leaders of Congress are not Congress as a whole. It is comprised of 100 senators and 435 representatives who have the dignity and right to control the President's military actions - to authorize, scrutinize, and make a final verdict through resolution on a matter as crucial as a military attack, which was not present before the airstrike's launch.

I fear that this airstrike will weaken U.S. - Iran relations and the efforts to re-secure the Iranian Nuclear Deal, as well as prolonging a conflict that is bankrupting this nation, ruining families, and destroying the souls of all.